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zloy xaker [14]
3 years ago
10

Access Organics, Inc., hired Andy Hernandez to sell organic produce. Later, Hernandez signed an agreement not to compete with Ac

cess for two years following the termination of his employment. He did not receive a pay increase or any other new benefits in return for signing the agreement. When Access encountered financial trouble, Hernandez left and began to compete with his former employer. Access filed a lawsuit against Hernandez. Is the noncompete agreement enforceable?
Business
2 answers:
MariettaO [177]3 years ago
6 0

Answer: The Non Compete is NOT Enforceable.

Explanation:

An Agreement not to compete with your previous company is a RESTRICTIVE covenant that was generally introduced to ensure that Upper and Middle Management who were generally privy to Trade Secrets in an Organization do not take that information somewhere else and use it against that old company usually in exchange for better compensation packages.

Hernandez joined Access Organics and regrettably was not given a pay increase or any other special considerations. This is very relevant.

For a Non-compete to hold relevance especially if it is signed AFTER an employee has already being working in an organization, there needs to be SUFFICIENT Considerations that gave the employee better terms such as more job security or better benefits as a result of signing said agreement.

Andy Hernandez received no such benefits in return for signing the agreement and so the Non-compete Agreement lacks said Sufficient Considerations.

The Non-compete is therefore NOT ENFORCEABLE.

It is worthy of note that in the actual case, the Judge ruled in favor of of Andy Hernandez.

If you require further clarification do react or comment.

Oksana_A [137]3 years ago
6 0

Answer:

Yes, a valid non-compete is enforceable as a state law once one party violates is provision.

Explanation:

If the non compete did not categorically state that Hernandez will receive a pay increase or any other new benefits in return for signing the agreement and yet he endorsed it, going against the agreement not to compete with Access for two years following the termination of his employment is a clear case of violation.

Penalty for violating a non compete include payment for damages. In this case, Access Organics Inc. could also file  lawsuit against Hernandez for both money damages and an injunction.

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Answer:

A. True

Explanation:

Manager need to employ their negotiating skill in different areas.

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7 0
3 years ago
Which of the following statements are true regarding​ externalities? ​(Check all that apply​.) A. Deadweight loss can be either
ella [17]

Answer:

d

Explanation:

A good has positive externality if the benefits to third parties not involved in production is greater than the cost. an example of an activity that generates positive externality is research and development. Due to the high cost of R & D, they are usually under-produced. Government can encourage the production of activities that generate positive externality by granting subsidies.

A good has negative externality if the costs to third parties not involved in production is greater than the benefits. an example of an activity that generates negative externality is pollution. Pollution can be generated at little or no cost, so they are usually overproduced. Government can discourage the production of activities that generate negative externality by taxation. Taxation increases the cost of production and therefore discourages overproduction. Tax levied on externality is known as Pigouvian tax.

Government can regulate the amount of externality produced by placing an upper limit on the amount of negative externality permissible

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6 0
3 years ago
Miguel is planning on serving a roasted vegetable platter at the reception he's catering. Vegetables with _______ are best suite
telo118 [61]
C i believe is correct
5 0
4 years ago
Read 2 more answers
Suppose that you just short sold 100 shares of Quiet Minds stock for $85.00 per share.
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Answer

The answer and procedures of the exercise are attached in the following archives.

Explanation  

You will find the procedures, formulas or necessary explanations in the archive attached below. If you have any question ask and I will aclare your doubts kindly.  

4 0
3 years ago
Assume that you manage a risky portfolio with an expected rate of return of 17% and a standard deviation of 27%. The T-bill rate
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Answer:

Consider the following calculations

Explanation:

a) If the weight of risky portfolio is 'y' then weight of T-bill would be (1-y).

Expected return on clients portfolio = weight of risky portfolio x return on risky portfolio + weight of T-bill x return on T-bill

or, 15% = y x 17% + (1 - y) x 7%

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b)

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3 years ago
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